Com-Serv, LLC v. Ice Industries, Inc. et al
| Com-Serv, LLC |
| Grenada Stamping and Assembly, Inc., Ronfeldt Manufacturing, LLC, Deerfield Manufacturing, Inc., Ice Industries, Inc., Grenada Stamping and Assembly, Inc. doing business as Ice Industries Grenada, Deerfield Manufacturing, Inc. doing business as Ice Industries Deerfield and Ronfeldt Manufacturing, LLC doing business as Ice Industries Ronfeldt |
| Ice Industries Mexico, LLC |
| 3:2018cv01715 |
| July 24, 2018 |
| US District Court for the Northern District of Ohio |
| Toledo Office |
| Lucas |
| James R Knepp (MJ) |
| Jeffrey J Helmick |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 16, 2020. A more recent docket listing may be available from PACER.
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Filing 50
Joint Status Report filed by Com-Serv, LLC. (Eddins, H.)
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Minutes of Telephone Conference [non-document] held on 6/2/2020 before Magistrate Judge James R. Knepp. Attorneys Gregory L. Taylor and H. Kevin Eddins attended for Plaintiff/Counter-Defendant; Attorney Peter A. Dewhirst attended for Defendants/Counter-Claimants. Joint Status Report due by 6/16/2020. Magistrate Judge James R. Knepp II on 6/2/2020. Time: 30 minutes (S,JM)
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Minutes of Telephone Conference [non-document] held on 5/19/2020 before Magistrate Judge James R. Knepp. Attorney Gregory L. Taylor attended for Plaintiff/Counter-Defendant; Attorney Peter A. Dewhirst attended for Defendants/Counter-Claimants. Further Telephone Conference set for 6/2/2020 at 10:00 AM before Magistrate Judge James R. Knepp II. The conference will convene on the Court's bridge line with dial-in information to be provided to counsel in advance of the call. Magistrate Judge James R. Knepp II on 5/19/2020. Time: 20 minutes (S,JM)
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Order. [non-document] Telephone Conference set for 5/19/2020 at 01:00 PM before Magistrate Judge James R. Knepp II. The conference will convene on the Court's bridge line with dial-in information to be provided to counsel in advance of the call. Magistrate Judge James R. Knepp II on 5/14/2020. (S,JM)
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Filing 49
Reply in support of #46 Motion for Sanctions for Breach of Settlement Agreement filed by All Plaintiffs. (Attachments: #1 Exhibit April 14th Letter, #2 Exhibit April 17th Letter)(Eddins, H.)
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Filing 48
Opposition to #46 Motion for sanctions filed by All Defendants. (Attachments: #1 Proposed Order)(Dewhirst, Peter)
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Order [non-document] granting Defendants' #47 Motion for Extension of Time until 5/6/2020 to File Response to #46 Motion for Sanctions. Magistrate Judge James R. Knepp II on 4/9/2020.(S,JM)
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Filing 47
Motion for extension of time until 5/6/2020 to file response to #46 Motion for sanctions filed by Deerfield Manufacturing, Inc., Grenada Stamping and Assembly, Inc., Ice Industries Mexico, LLC, Ice Industries, Inc., Ronfeldt Manufacturing, LLC. Related document(s) #46 . (Attachments: #1 Proposed Order)(Dewhirst, Peter)
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Filing 46
WITHDRAWN per #50 Joint Status Report Motion for Sanctions for Breach of Settlement Agreement filed by Plaintiff Com-Serv, LLC. (Attachments: #1 Affidavit of Shiva Dhanapal, #2 Affidavit of Attorneys' Fees, #3 Proposed Order Order)(Eddins, H.) Modified to withdraw document on 6/17/2020 (S,JM).
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Filing 45
Dismissal Order. A Settlement Conference held in this case on 1/16/2019 resulted in settlement. Therefore, case is settled and dismissed without prejudice. Each party to bear its own costs. Further, any subsequent Dismissal filed within thirty (30) days setting forth specific settlement terms and conditions shall supersede this Order. The Court retains jurisdiction to enforce the terms of the settlement. Magistrate Judge James R. Knepp II on 9/19/2019. (S,JM)
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Filing 44
Notice of Service of settlement agreement filed by All Defendants. (Dewhirst, Peter)
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Filing 43
Order. Plaintiff's Sealed Motions #34 and #40 are granted in part and denied in part. Plaintiff shall provide an attestation, under penalty of perjury, that the inventory it represented at the 1/16/2019 Settlement Conference was purchased and paid for as of that date and further, as to the accuracy and veracity of the purported accounts payable screen shots attached as Exhibit 1 to Plaintiff's #40 . Within 14 days of receipt of the attestation, Defendants shall sign the settlement agreement and become current on all financial obligations under said agreement. Plaintiff's request for sanctions is DENIED. Magistrate Judge James R. Knepp II on 5/28/2019. (S,JM)
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Filing 42
SEALED Document:Affidavit of Shiva Dhanapal filed by Com-Serv, LLC. Related document(s) #40 . (Eddins, H.)
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Minutes of Record Telephone Conference [non-document] held on 5/24/2019 before Magistrate Judge James R. Knepp II. Attorneys H. Kevin Eddins and Gregory L. Taylor attended for Plaintiff/Counter-Defendant with Sheva Dhampal; attorney Peter A. Dewhirst attended for Defendants/Counter-Claimants. Order to follow. (Court Reporter: Stacey Kiprotich.)Time: 20 minutes. (S,JM)
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Filing 41
Opposition to #40 SEALED Motion #34 to Compel filed by Deerfield Manufacturing, Inc., Grenada Stamping and Assembly, Inc., Ice Industries Mexico, LLC, Ice Industries, Inc., Ronfeldt Manufacturing, LLC. (Dewhirst, Peter)
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Order. [non-document] Telephone Conference set for 5/24/2019 at 01:00 PM before Magistrate Judge James R. Knepp II. The Court will initiate the call to the telephone numbers listed on the docket unless alternate contact information is provided. Magistrate Judge James R. Knepp II on 5/16/2019. (S,JM)
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Filing 40
SEALED Motion filed by Plaintiff Com-Serv, LLC. Related document(s) #34 . (Attachments: #1 Exhibit Paid Invoices, #2 Exhibit Defendants' April 24th Letter, #3 Exhibit Plaintiff's April 25th Reply, #4 Exhibit Affidavit of Attorneys' Fees, #5 Proposed Order) (Eddins, H.)
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Order. [non-document] As stated on the record at the Settlement Conference of 1/16/2019, the terms of settlement are confidential. Accordingly, #36 Transcript - Official Court Transcript filed by Court Reporter shall be SEALED. Magistrate Judge James R. Knepp, II on 3/28/2019. (S,JM)
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Filing 39
SEALED Document: Memorandum in Opposition to #34 Plaintiff's Motion to Compel Filed Under Seal, pursuant to 3/18/19 Order filed by Deerfield Manufacturing, Inc., Grenada Stamping and Assembly, Inc., Ice Industries Mexico, LLC, Ice Industries, Inc., Ronfeldt Manufacturing, LLC. (Attachments: #1 Exhibit 1-Confidential Settlement Agreement and Mutual Release, #2 Exhibit 2-Spreadsheet, #3 Exhibit 3-March 5, 2019 email thread)(Dewhirst, Peter) Modified on 3/21/2019: Counsel's staff was contacted re: incorrect certificate of service. Staff verified that copies were sent to opposing counsel. (M,L).
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Minutes of Record Telephone Status Conference [non-document] regarding enforcement of settlement agreement held on 3/18/2019 before Magistrate Judge James R. Knepp, II. Attorney H. Kevin Eddins attended for Plaintiff/Counter-Defendant with Shiva Dhamphal; attorney Peter A. Dewhirst attended for Defendants/Counter-Claimants. (Court Reporter: Angela Nixon.)Time: 30 minutes. (S,JM)
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Nunc Pro Tunc Order [non-document] granting leave to file #34 SEALED Motion under seal along with any responses thereto pursuant to L.R. 5.2. Magistrate Judge James R. Knepp, II on 3/18/2019. (S,JM)
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Order. [non-document] Status Conference set for 3/18/2019 at 02:00 PM to be held telephonically before Magistrate Judge James R. Knepp II. The Court will initiate the call to the telephone numbers listed on the docket unless alternate contact information is provided. Magistrate Judge James R. Knepp, II on 3/13/2019. (S,JM)
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Filing 38
Expedited Non-Appeal Transcript Order Form for proceedings held on 1/16/2019 before Judge Jon. James R. Knepp, II, re #37 Notice of Intent to Request Redaction, #36 Transcript - Official Court Transcript filed by Court Reporter,,. Court Reporter: Stacey L. Kiprotich. Requested completion date: 3/11/2019 filed by Com-Serv, LLC. Related document(s) #37 , #36 . (Eddins, H.) Modified on 3/11/2019 (K,J).
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Filing 37
Notice of Intent to Request Redaction of Transcript #36 by H. Kevin Eddins filed on behalf of Com-Serv, LLC. Related document(s) #36 .(Eddins, H.)
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Filing 36
Transcript of Settlement held on 01/16/2019 before Judge James R. Knepp, II. Related document(s) #35 . (K,SL) FILED UNDER SEAL per Order on 3/28/2019 (S,JM).
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Filing 35
Expedited Non-Appeal Transcript Order Form for proceedings held on 1/16/19 before Judge Magistrate Knepp, Court Reporter: Stacy Kiprotich. Requested completion date: 3/9/19 filed by All Defendants. (Dewhirst, Peter)
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Filing 34
SEALED Motion filed by Plaintiff Com-Serv, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Proposed Order)(Eddins, H.)
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Filing 33
Consent of the parties to this case being transferred to the docket of James R. Knepp, II for further proceedings. Judge Jeffrey J. Helmick on 1/22/2019. (S,AL)
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Magistrate Judge James R. Knepp, II assigned to case, pursuant to consent. Judge Jeffrey J. Helmick terminated. Related document(s) #33 . (R,Ke)
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Minutes of Settlement Conference [non-document] held on 1/16/2019 before Magistrate Judge James R. Knepp, II. Parties consent to this case being transferred to the docket of James R. Knepp, II for further proceedings. Case settled. Dismissal entry to be filed within 45 days. (Court Reporter: Stacey Kiprotich.)Time: 5.5 hours. (S,JM)
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Filing 32
Certificate of Service of Discovery Responses filed by All Defendants. (Dewhirst, Peter)
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Filing 31
Order Settlement Conference set for 1/16/2019 at 09:30 AM in Chambers 318 before Magistrate Judge James R. Knepp II. Ex parte settlement statements shall be submitted by email to Knepp_chambers@ohnd.uscourts.gov by 1/11/2019. Magistrate Judge James R. Knepp, II on 10/11/2018. (R,Ke)
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Filing 30
Initial Disclosures filed by All Defendants. (Dewhirst, Peter)
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Filing 29
Response to Counterclaim filed by Com-Serv, LLC. Related document(s) #25 . (Eddins, H.)
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Filing 28
Order of Case Management Conference held on 9/13/2018. Case is assigned to the standard track. Discovery due by 3/31/2019. Parties to be Joined and Pleading Amendments due by 2/1/2019. Case referred to Magistrate Judge James R. Knepp, II for mediation/settlement, to be held in either December 2018 or January 2019. Judge Jeffrey J. Helmick on 9/13/2018. Time: 10 minutes (SG,D)
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Filing 27
Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Com-Serv, LLC. (Eddins, H.)
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Filing 26
Order granting Motion for appearance pro hac vice by Attorney Gregory L. Taylor for Plaintiff Com-Serv, LLC. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #23 ). Judge Jeffrey J. Helmick on 8/28/2018.(SG,D)
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Filing 25
Answer to Complaint with Affirmative Defenses, Counterclaim against All Plaintiffs filed by Ice Industries, Inc., Deerfield Manufacturing, Inc., Grenada Stamping and Assembly, Inc., Ice Industries Mexico, LLC, Ronfeldt Manufacturing, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Dewhirst, Peter)
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Filing 24
Declaration of Gregory L. Taylor in support ot Motion to Appear Pro Hac Vice filed by Plaintiff Com-Serv, LLC. Related document(s) #23 . (Eddins, H.) Wrong event used. Modified text on 9/23/2018 (M,L).
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Filing 23
Motion for attorney Gregory L. Taylor to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8875895, filed by Plaintiff Com-Serv, LLC. (Attachments: #1 Declaration of Good Standing (unsigned declaration, to be re-filed with original signature), #2 Proposed Order Admitting Pro Hac Vice)(Eddins, H.)
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Filing 22
Case Management Conference Scheduling Notice: conference to be held on 9/13/2018 at 11:30 AM in Chambers 210 before Judge Judge Jeffrey J. Helmick. (Attachments: #1 Report of Parties Planning Meeting)(S,AL)
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Filing 21
Marginal Entry Order granting Motion to withdraw as attorney. Attorney Kevin J. Fiet removed from case. (Related Doc #19 ). Judge Jeffrey J. Helmick on 8/24/2018.(S,AL)
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Filing 20
Marginal Entry Order granting Motion to withdraw as attorney: Mark T. Hurst and Stephen P. McCallister removed from case. (Related Doc #17 ). Judge Jeffrey J. Helmick on 8/24/2018.(S,AL) (Additional attachment(s) added on 9/24/2018: #1 Order) (S,AL).
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Filing 19
Motion by Kevin J. Fiet to withdraw as attorney filed by Plaintiff Com-Serv, LLC. (Attachments: #1 Proposed Order)(Eddins, H.)
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Filing 18
Attorney Appearance by H. Kevin Eddins filed by on behalf of Com-Serv, LLC. (Eddins, H.)
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Filing 17
Motion by Mark T Hurst and Stephen P. McCallister to withdraw as attorney filed by Deerfield Manufacturing, Inc., Grenada Stamping and Assembly, Inc., Ice Industries Mexico, LLC, Ice Industries, Inc., Ronfeldt Manufacturing, LLC. (Attachments: #1 Proposed Order)(D,TM)
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Filing 16
Attorney Appearance by Peter A. Dewhirst filed by on behalf of All Defendants. (Dewhirst, Peter)
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Notice to Attorney H. Kevin Eddins. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #1 . (D,JJ)
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Notice to Attorney Kevin J. Fiet. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #1 . (D,JJ)
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Notice to Attorney Gregory L. Taylor. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #1 . (D,JJ)
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Notice to Attorney Stephen P. McCallister. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #1 . (D,JJ)
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Notice to Attorney Mark T. Hurst. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #1 . (D,JJ)
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| Filing 15 Magistrate Consent Form issued. (W,CM) |
| Filing 14 CASE TRANSFERRED IN from District of Kentucky Western. Case number 3:18-cv-00123. Electronic file, transfer order and docket sheet received. |
| Judge Jeffrey J. Helmick assigned to case. (W,CM) |
| Copy of #15 Magistrate Consent Form and docket sheet mailed to Attorneys Gregory L. Taylor, H. Kevin Eddins, Kevin J. Fiet, Mark T. Hurst and Stephen P. McCallister on 7/24/2018. (W,CM) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James R. Knepp, II. (W,CM) |
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Filing 13
MEMORANDUM OPINION AND ORDER by Judge Greg N. Stivers on 7/23/2018 granting #9 Motion to Transfer Venue. This case shall be TRANSFERRED to the United States District Court for the Northern District of Ohio. The Clerk shall strike this matter from the active docket. cc: Counsel (CDF) [Transferred from kywd on 7/24/2018.]
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| Filing 12 REPLY to Response to Motion re #9 MOTION to Change Venue filed by Deerfield Manufacturing, Inc., Grenada Stamping and Assembly, Inc., Ice Industries Mexico, LLC, Ice Industries, Inc., Ronfeldt Manufacturing, LLC. (Attachments: #1 Exhibit Exhibit A_Declaration of Ed Heller) (McCallister, Stephen) [Transferred from kywd on 7/24/2018.] |
| Filing 11 Corporate Disclosure Statement by Com-Serv, LLC. (Taylor, Gregory) [Transferred from kywd on 7/24/2018.] |
| Filing 10 RESPONSE to Motion re #9 MOTION to Change Venue filed by Com-Serv, LLC. (Attachments: #1 Affidavit) (Taylor, Gregory) [Transferred from kywd on 7/24/2018.] |
| Filing 9 MOTION to Transfer Venue by Defendant Ice Industries, Inc. (Attachments: #1 Exhibit A - to Motion to Transfer Venue, #2 Proposed Order Proposed Order) (Hurst, Mark) Modified event and text on 7/23/2018 (CDF). [Transferred from kywd on 7/24/2018.] |
| Filing 8 CLERK'S NOTICE TO COUNSEL re #1 Notice of Removal from Jefferson Circuit Court, Civil Action No. 18-CI-000165. cc: Counsel, Stephen P. McCallister, Jefferson Circuit Court (JWM) [Transferred from kywd on 7/24/2018.] |
| Filing 7 Corporate Disclosure Statement by Ronfeldt Manufacturing, LLC. (JWM) [Transferred from kywd on 7/24/2018.] |
| Filing 6 Corporate Disclosure Statement by Ice Industries, Inc.. (JWM) [Transferred from kywd on 7/24/2018.] |
| Filing 5 Corporate Disclosure Statement by Ice Industries Mexico, LLC. (JWM) [Transferred from kywd on 7/24/2018.] |
| Filing 4 Corporate Disclosure Statement by Grenada Stamping and Assembly, Inc.. (JWM) [Transferred from kywd on 7/24/2018.] |
| Filing 3 Corporate Disclosure Statement by Deerfield Manufacturing, Inc.. (JWM) [Transferred from kywd on 7/24/2018.] |
| Filing 2 Case Assignment (Random Selection): Case Assigned to Judge Greg N. Stivers. Magistrate Judge designation: Magistrate Judge Colin Lindsay. (JWM) [Transferred from kywd on 7/24/2018.] |
| Filing 1 NOTICE OF REMOVAL by Ice Industries, Inc., Grenada Stamping and Assembly, Inc., Deerfield Manufacturing, Inc., Ronfeldt Manufacturing, LLC, and Ice Industries Mexico, LLC, from Jefferson Circuit Court, case number 18-CI-000165. ( Filing fee $ 400, Receipt Number 0644-2599016 ) (Attachments: #1 Cover Sheet, #2 Exhibit A-Complaint & Summons, #3 Exhibit B-Return of Summons, #4 Exhibit C-Declaration of Troy Williams, #5 Exhibit D-Purchase Orders, #6 Exhibit E-Notice of Filing) (JWM) [Transferred from kywd on 7/24/2018.] |
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